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Bombay High CourtWP/1056/2014dispossed offdismiss for default

Rajendra S/O Nandlal Agrawal And 4 Others v. State Of Maharashtra, Through Its Secretary, Department Of Food And Civil Supplies, Mumbai And 3 Ot

2015-01-27Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice A.S. Chandurkar2 pages

47-WP-1056-14 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.1056 OF 2014 Rajendra Nandlal Agrawal & Ors.

-vsState of Maharashtra, Thr. its Secretary, Department of Food & Civil Supplies, Mumbai & Ors. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

CORAM : B.P.DHARMADHIKARI & A.S.CHANDURKAR, JJ.

DATE : 27.01.2015.

Heard Shri H. D. Dangre, Advocate for petitioner and Shri S. M. Ghodeswar, learned AGP for respondent Nos.1 to 4. Perused reply affidavit filed on behalf of respondent Nos.1 to 4 on 17/06/2014 and a rejoinder filed thereafter by the petitioners on 19/11/2014.

In reply affidavit, respondent Nos.1 to 4 have come up with following stand :

" If the licensees are ready to do the doorstep delivery in 100% manner then there will be no reduction in quota and the petitioners and licensees should co-operate in that exercise with the Department of Food & civil Supplies and Consumer Protection. The entitlement of the petitioners, as pointed out above will have to be enquired into and the aspect as to how the 'licenses' came to be issued to the petitioners. The said exercise will consume certain time."

In counter, the petitioners have accepted to undertake exercise of doorstep delivery in following words : " The petitioners submit that they have no objection for the same and they are ready to do Doorstep Delivery in the

47-WP-1056-14 2/2 manner and according to the guidelines/police as may laid down by the Government. In view of readiness of the petitioners as above, the impugned order may be quashed and the present petition may be allowed/disposed off and the quota of Kerosene to petitioners may be restored back as it was earlier."

In the situation, we direct the respondents to examine entitlement of the petitioners at the earliest and within a period of four weeks from today and thereafter to restore their quota proportionately as found out in the said exercise. With liberty to petitioners to challenge the outcome of said exercise if they feel aggrieved and with these directions, we dispose of the writ petition. No order as to costs.

JUDGE JUDGE asmita